Page:Federal Reporter, 1st Series, Volume 7.djvu/688

 676 FEDERAL REFOBTEB. �registry is $2,075. The owner did not appear. Several other parties filed libels against the vessel, or petitions to be paid eut of the proceeds, the claims exceeding in the aggregate the whole amount in the registry. One Crossman also com- menced a suit in personam against the master and owners of the vessel, on a draft drawn by the master on the owners for money advanced at a port on the coast of Africa to the master for the purpose of obtaining necessary supplies for the vessel in that port. On this libel the freight was attaehed in the hands of the consignees of the cargo, as belonging to the owners, and has been paid into court to the amount of $703.04. Among the daims presented against the vessel was that of a mortgagee, who also claimed the freight on the ground that after the arrivai of the vessel in this port, and before the discharge of the cargo, he h ad taken possession of the vessel. The parties having claims on the vessel insist that the freight should be applied to payment of the seamen's wages in order that they may make good their claims against the vessel. By consent of all parties who appeared in the suit of Crossman, and also in the suits against the vessel, it was referred to a commissioner to take proof of the amounts due the several parties, determine their liens, if any, and their claims for priority of payment, and the proper mode of mar- shalling the funds in the two suits, without formai pleadings other than the libels and petitions of the respective parties. The parties appeared before the commissioner, and the amounts found due them are as follows: Crocker Brothers & Co., a corporation doing business in this city, have proved a claim for $837.84, for copper supplied to the vessel in this port in April, 1877, subject to the objections hereinafter stated. Their libel was filed July 6, 1880. The following claims were also proved, as to which no objection is now taken : Eichard H. Anderson, of Philadelphia, for supplies in that port in April, 1880, $319.55; Charles A. Warren & Co., of Philadelphia, for supplies and materials furnished in that port, $102.58; Owen Eeilly, for supplies, $17.80; James Germond, for pilotage in this port, $64.57; Joseph ��� �